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Statutory Instruments

1993 No. 1738

LAND DRAINAGE

The Reconstitution of the Upper Witham Internal Drainage Board Order 1993

Made

7th May 1993

Coming into force

7th July 1993

Whereas the National Rivers Authority has prepared and submitted to the Minister of Agriculture, Fisheries and Food (hereinafter called “the Minister”) for confirmation under section 3(1) of the Land Drainage Act 1991 (hereinafter called “the 1991 Act”)(1) a Scheme (hereinafter called “the Scheme”) in relation to the Upper Witham Internal Drainage Board, a copy of which is set out in the Schedule hereto;

And whereas the Minister has caused a notice of his intention to make the following Order confirming the Scheme and the places where copies of the draft Order may be inspected and obtained to be published, and to be sent to local authorities and other bodies in accordance with paragraph 2 of Schedule 3 to the 1991 Act;

And whereas no objection has been made to the draft Order;

Now, therefore, the Minister, in exercise of the powers conferred upon him by section 3(5) and (7) of the 1991 Act and of all other powers enabling him in that behalf, hereby makes the following Order:—

1. This Order may be cited as the Reconstitution of the Upper Witham Internal Drainage Board Order 1993 and shall, unless subject to special Parliamentary procedure, come into force on the date of its confirmation by the Minister, in accordance with paragraph 5(1) of Schedule 3 to the 1991 Act.

2. The Scheme is hereby confirmed subject to the modification of paragraph 2 by the addition at its end of the words “, provided that the existing members of the Internal Drainage Board shall continue in office until the date of the first meeting of the new members under paragraph 3(2) of Schedule 2 to the Land Drainage Act 1991.”

3. The expenses of the Minister in connection with the making and confirmation of this Order shall be borne by the National Rivers Authority.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on

R A Hathaway

Assistant Secretary

7th May 1993.

SCHEDULESCHEME SUBMITTED BY THE NATIONAL RIVERS AUTHORITY

1. This scheme shall come into force one month after the date of confirmation of the Order confirming this Scheme.

2. The Internal Drainage Board as constituted by the Scheme confirmed by the Witham and Steeping Rivers Catchment Board (Upper Witham Internal Drainage District) Order 1933(2) (hereinafter called “the 1933 Order”) shall be reconstituted and shall include (inter alia) 17 elected members.

3. So much of paragraph 10 of the Scheme confirmed by the 1933 Order as relates to the number of members to be elected by each Electoral District shall be altered so that each Electoral District named in paragraph 10 of the Scheme confirmed by the 1933 Order and referred to in the first column of the Table hereto shall be entitled to be represented on the Board by the number of members specified in the second column of that Table.

4. The existing rights, powers, duties, liabilities, obligations and property (including deeds, maps, books, papers and other documents) of the Internal Drainage Board as constituted by the Scheme confirmed by the 1933 Order shall be the rights, powers, duties, liabilities, obligations and property of the Internal Drainage Board as reconstituted by this Scheme.

THE TABLE

Name of Electoral District

No. of members

1. River Till and Burton

4

2. North Scarle, Broadholme and Skellingthorpe

2

3. City of Lincoln

1

4. Pike Drain and Hykeham

1

5. River Brant

3

6. Stapleford and Claypole

2

7. Long Bennington, Barkston and Normanton

2

8. South Witham

1

9. Borough of Grantham

1

17

Dated 29th day of October 1992

In witness whereof the Common Seal of the National Rivers Authority was hereunto affixed in the presence of:—

Christopher Martin

An authorised Signatory

Confirmation of Order

Whereas the foregoing Order has been published by the Minister of Agriculture, Fisheries and Food (“the Minister”) in accordance with paragraph 4 of Schedule 3 to the Land Drainage Act 1991; And whereas no memorial relating to the Order has been presented to the Minister;

Now therefore the Minister in accordance with paragraph 5(1) of Schedule 3 to the said Act hereby confirms the said Order.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on

R A Hathaway

Assistant Secretary

7th July 1993.

Explanatory Note

(This note is not part of the Order)

This Order confirms, with a modification, a Scheme (“the present Scheme”) submitted by the National Rivers Authority for the reconstitution of the Upper Witham Internal Drainage Board. That Board was formerly constituted by the Scheme confirmed by the Witham and Steeping Rivers Catchment Board (Upper Witham Internal Drainage District) Order 1933 (S.R. & O. 1933/218).

The principal change made by the present Scheme is a reduction in the number of elected members of the Board from 23 to 17, by reducing the numbers of members who represent some electoral districts.

(1)

1991 c. 59; and the definition of “the relevant Minister” is contained in section 72(1) of that Act.

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